WINFIELD — A Hurricane couple is suing Putnam County Commission alleging it was negligent in allowing water to flood their property and cause damages.
Joshua Dow and Rachel Dow allege the rear of the property adjoins land owned and operated by Valley Park and Waves of Fun Pool and water is being diverted from the defendant's actions onto their property and into their home, according to a complaint filed in Putnam Circuit Court.
The water from the defendant's property continues to inundate the plaintiffs' home and land, causing severe damages, according to the suit.
The Dows claim the defendant's actions and/or inactions have caused them to suffer damages to their property and their home.
"Defendant's diversion of the water from its property onto Plaintiffs' property and into Plaintiffs' home is the cause of ongoing and continuous damages being inflicted upon Plaintiffs," the complaint states.
The plaintiffs claim the defendant is wrongfully diverting water onto their property, which is negligent as it is breaching its duty to operate and maintain its property in a reasonable manner as to not cause damage to its neighbors.
The defendant's multiple breaches of its duty to operate and maintain its property in a reasonable manner which does not cause damage to its neighbors is the direct and proximate cause of the ongoing damages inflicted upon the plaintiffs, according to the suit.
"As a direct and proximate result of Defendant's multiple breaches of its legal duties...Plaintiffs have suffered direct damages to their home and property, as well as diminished value and general and special damages..." the complaint states.
The plaintiffs are seeking compensatory damages. They are represented by Thomas P. Boggs, L. David Duffield and Chad S. Lovejoy of Duffield Lovejoy & Boggs in Huntington.
Putnam Circuit Court case number: 21-C-152